Kenya Union Of Commercial, Food And Allied Workers v Magumango Dairy Co-Operative Society Limited [2017] KEELRC 1326 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1326
- Citation
- [2017] KEELRC 1326 (KLR)
- Decided
- 19 May 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabour Relations CasePostureClaimant wonCoramBYRAM ONGAYA
Holding
Claimant is the proper trade union to represent the respondent's unionisable employees
Facts
Claimant union recruited 100% of respondent's unionisable employees, satisfying section 54(1) and (8) of the Labour Relations Act, 2007. Subsequently, some employees resigned from the union.
Issues
- Recognition of the claimant union
- Deduction and remittance of union dues
- Protection of union members from victimization and termination
Reasoning
Claimant satisfied section 54(1) and (8) on recognition and was entitled to be so recognised. The court held that the respondent was obligated to recognise the claimant as per the provisions of section 54 of the Act.
Outcome
Claimant won
Orders
- Declaration that claimant is the proper trade union to represent the respondent's unionisable employees
- Deduction and remittance of union dues from all unionisable employees who have signed the claimant's check off forms as duly recruited and who have not resigned from trade union membership as per section 48 of the Act
- Declaration that the respondent shall not victimize, intimidate, harass, coerce, dismiss or terminate any employee being a trade union member on account of the employee’s union activities or membership
- Engagement of the claimant in negotiation of the collective agreement within 30 days from the date of this judgment
Remedies
- Declaration of recognition
- Remittance of union dues
- Protection from victimization and termination
Authorities cited
Legislation (1)
- Labour Relations Act, 2007
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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